All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of the facts and misapprehension of the legal doctrine are merely a field manager employed by H Co., Ltd. (hereinafter “H”). Thus, the Defendant is not an employer who is obligated to pay wages to the instant workers.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court (ten months of imprisonment and two years of suspended sentence) is too unreasonable.

B. Defendant B’s punishment (the penalty amounting to KRW 10 million) sentenced by the lower court is too unreasonable.

(c)

Each sentence sentenced by the court below to the defendants is too uneasible and unfair.

2. Determination

A. In full view of the following circumstances acknowledged based on the evidence duly admitted and investigated, the lower court convicted Defendant A of the instant facts charged on the ground that the Defendant had employed the instant workers while performing the instant construction project by subcontracting the instant construction project from H, on the ground that it was sufficiently recognized.

① When presenting the name of executive director of R, the Defendant entered into a verbal agreement to supply type molds, rains, steel bars, and concrete construction works (hereinafter “instant construction works”) in the name of R in the name of R, among the I apartment construction works for I apartment complexes contracted by H, and worked at the scene on February 2, 2015.

② After consulting the Defendant with respect to the construction cost, construction period, etc., H drafted a subcontract agreement for the instant construction work as of March 8, 2015. At the time, the sewage-based supplier entered into the subcontract agreement, but the Defendant signed the subcontract agreement as a joint guarantor of the sewage-based subcontractor, and written up the waiver of the construction in preparation for any case.

③ From February 2, 2015 to June 2015, the Defendant took overall charge of all business affairs on the instant construction site, and determined the amount of wages, etc. on the premise of H and employment at the time.